Professional secrecy

Professional Confidentiality

Professional secrecy is the foundation of the trust relationship between [PENDIENTE_RAZON_SOCIAL] and its clients. All professionals of the firm are subject to a strict duty of reserve over the information they come to know in the exercise of their activity.

Regulatory framework

The duty of professional secrecy of the lawyers of [PENDIENTE_RAZON_SOCIAL] is based on article 542.3 of the Organic Law of the Judiciary, article 32 of the General Statute of the Spanish Bar Association and the Code of Ethics of the Spanish Bar Association. Economists and tax advisors are also subject to the Code of Ethics of the profession and article 24.2 of the Spanish Constitution.

Protected information

The duty of professional secrecy extends to:

  • All information, oral or written, received from the client.
  • Communications maintained with the client and with third parties in the framework of the matter.
  • Documents generated or received in the exercise of the engagement.
  • The very fact that a professional relationship with the client exists.

Technical and organisational measures

To preserve confidentiality, [PENDIENTE_RAZON_SOCIAL] applies measures that include:

  • Archiving and communication systems protected by encryption.
  • Access control based on the need-to-know principle.
  • Confidentiality agreements with all professionals, collaborators and external suppliers.
  • Continuous training on information security and data protection.
  • Periodic compliance audits.

Legally provided exceptions

The duty of professional secrecy is only waived in the cases strictly provided for by law, in particular: (i) when the client expressly waives it, (ii) when there is a legal obligation to communicate (notably in matters of anti-money laundering in accordance with Law 10/2010), or (iii) on firm judicial requirement. In these cases, the firm will communicate only strictly necessary information.